Personal Property or Fixture?

A “fixture” is an article that was once personal property, but that has been installed in or attached to land or a building in some more or less permanent manner, so that such article is regarded in law as part of the real estate. In most states, in the absence of an express agreement, an item is considered personal property or a fixture according to the following six criteria: 


1.  The nature of the items in question. 

2.  The manner of the annexation to the real property. 

3.  The purpose for which annexation is made. 

4.  The intention of the parties (especially the annexing party). 

5.  The degree of difficulty and extent of loss involved in removing the items from the realty. 

6.  The damage to the secured property caused by the removal. 


If by a preponderance of the evidence using these factors the item is deemed to be part of the real estate, then the item is a fixture. If the tests indicate the item is personal property, it is “goods” and not a fixture.